What Can You Do According to Florida Concealed Carry Laws?

What's Up Sheepdogs? Ryan here with Tampa Carry.

It was a beautiful Saturday afternoon and Nick was heading to a friend's house for a BBQ. Nick was planning to spend the day eating good food, swimming in the pool and spending time with his friends and family. 

When Nick arrived at the party he quickly realized that parking was going to be an issue. So he decided to park down the street in front of someone's home. For most homeowners this wouldn't be a big deal. 

As Nick was walking to the party he heard a loud deep voice behind him “Move your fucking car” When Nick turned around to see who was yelling at him he noticed a 6’ 4” 260lb man storm out of the house Nick had parked his car in front of. “Don’t you ever park your car in front of my house” the man said as he held a sledgehammer in his right hand. 

“Calm down sir” Nick said as he attempted to deescalate the situation. “Calm down, I’ll show you calm” the man said as he approached Nick's Toyota Camry. 

Without hesitation this crazy man lifted the sledgehammer into the air and smashed the windshield of Nick's vehicle. For what seemed like an eternity this crazy man walked around Nick’s car screaming, breaking each window, denting the hood and damaging the side panels. 

What is Nick legally allowed to do according to Florida Concealed Carry Laws? Let’s ask ourselves the big questions. 

The Big Questions

How Could this Situation Have Been Avoided? 

The easiest way for this scenario to have been avoided is if Nick would’ve parked his vehicle somewhere else. However Nick is legally allowed to park his car on a public Road in this neighborhood; he's parked in front of this home dozens of times in the past without incident. 

I also think Nick was more than willing to move his vehicle once the strange crazy man started freaking out. Unfortunately this man did not give Nick enough time to move his vehicle and instead launched into his attack. 

Does this Scenario Fall Under the Justified Use of Force Statute? 
Florida Statutes 776.012 (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Does Nick have a responsible belief of imminent death? 

When the crazy man exited his home holding a sledgehammer, is it reasonable to believe he intended to kill Nick? I personally don’t think so. 

This man could’ve been renovating the home and simply walked outside holding a tool. However this could quickly change if the aggressor began making threats against Nick’s life or threats to use the sledgehammer as a weapon against Nick. 

Does Nick have a responsible belief of great bodily harm? 

As I mentioned in the previous paragraph just because somebody exits their home holding a sledgehammer does not mean they intend to commit great bodily harm. However it would definitely raise my levels of awareness and I would immediately try to create distance between myself and the aggressor. 

Does Nick have a responsible belief of the imminent commission of a forcible felony? 

Here is a list of forcible felonies found in Florida conclead carry law. 

Florida Statutes 776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

When the aggressor exited his home holding the sledgehammer was he committing a forcible felony? No 

When the aggressor began destroying Nick’s vehicle was he committing a forcible felony? No
In my opinion at no point did the aggressor commit a forcible felony in this situation. 

Is the use of deadly force necessary? 

I personally believe it will be really hard to stand back and watch some lunatic destroy the vehicle you’ve worked so hard for while you sat back and did nothing however sometimes the best way to stop a crazy person is to get as far away from them as possible. I do not believe that the use of deadly force would be a necessary response in this situation

Is Nick in a place where he has a right to be? Yes Nick has a legal right to be in this neighborhood and to park his vehicle in front of this man’s home. 

Is Nick engaged in criminal activity? No

Where is the Line in the Sand? 

For me the line in the sand would be if this aggressive person used or attempted to use the sledgehammer against Nick or anyone else in the area. If this man attempted to hit me with a sledgehammer I would introduce him to Jesus as fast as I could. 

The other part of this scenario that really hits home for me is that my children play outside most of the day riding their bikes and playing games in the yard. If one of my children was riding their bike near this man as he was freaking out with a sledgehammer I would be extremely concerned and if he made any effort to use that sledgehammer as a weapon against one of my children I would not hesitate to use my firearm in deadly force. 

What Would You Do? 

What would you do if you found yourself in a situation just like this? Do you carry your firearm 100% of the time you are legally allowed to even when you're attending a pool party?  If an aggressive person was destroying your vehicle with a sledgehammer would you attempt to stop them and protect your vehicle or would you get as far away from the situation as possible?

The Rest of The Story 

Nick desperately attempted to stop this aggressive man from destroying his vehicle. However he quickly came to the realization that there was nothing that he could do. Nick made a smart decision by creating distance between himself and the aggressive man and called the police. When the police arrived the aggressor was arrested. Unfortunately this victory was short lived. The man quickly posted bond and was back home by the end of the day. 

That's all I have for today. So until next time keep training and stay safe...

Ryan G. Thomas

P.S. You’re one step away from getting your Florida concealed carry permit….FAST & EASY…

And for a limited time you can watch the concealed carry course online for free... Click here to get started...